SB 213-FN - AS AMENDED BY THE HOUSE
5Jun2025... 2461h
5Jun2025... 2688h
2025 SESSION
25-1059
08/02
SENATE BILL 213-FN
AN ACT relative to electioneering by public employees.
SPONSORS: Sen. Gray, Dist 6
COMMITTEE: Election Law and Municipal Affairs
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AMENDED ANALYSIS
This bill defines electioneering in relation to public employees.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
5Jun2025... 2461h
5Jun2025... 2688h 25-1059
08/02
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Five
AN ACT relative to electioneering by public employees.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Electioneering by Public Employees. RSA 659:44-a is repealed and reenacted to read as follows:
659:44-a Electioneering by Public Employees.
I. No public employee shall electioneer while in the performance of his or her official duties. For purposes of this section, "public employee" shall have the same meaning as in RSA 273-A:1, IX; except that, notwithstanding RSA 273-A:1, IX(b), a person appointed to office by the chief executive or legislative body of the public employer shall be included in the definition of public employee.
II. No public employee shall use any government property or equipment, including, but not limited to, telephones, facsimile machines, vehicles, and computers, for electioneering.
III. For the purposes of this section, "electioneer" means to act in any way designed to influence the vote of a voter on any question or office, including but not limited to:
(a) Distributing or displaying campaign materials for a campaign during an officially declared election period in an unbiased manner.
(b) Making public statements in favor of or against any candidate, political party, or measure.
(c) Organizing or conducting surveys, forums, or events that are expressly or primarily political.
(d) Using official authority or influence to interfere with or affect the vote of a voter.
IV. Nothing in this section shall prohibit:
(a) Lawful participation by candidates, political parties, or private groups in public parades, fairs, festivals, or similar events, including the display of campaign materials or the solicitation of voter support, provided such participation is conducted in accordance with applicable laws and regulations and does not intentionally favor one candidate, party, or measure over another.
(b) The use of public spaces or facilities by private individuals, groups, or organizations for lawful political activities, provided such use is not facilitated or promoted by public employees beyond standard administrative support necessary for access and use of the space and follows any relevant ordinance or law where applicable.
(c) Public employees engaging in strictly neutral voter registration drives or activities limited to general election awareness, such as announcing election dates or polling locations, without any reference to or discussion of candidates, parties, or measures, and provided such activities are authorized by law.
(d) Public employees providing factual information derived directly from official filing forms or other legally required public documents regarding candidates who have officially filed for office, provided such information is presented in an impartial and neutral manner without additional commentary, analysis, or inference.
(e) Public universities, colleges, or institutions of higher education conducting public opinion polls or surveys.
V. Any person who violates this section shall be guilty of a misdemeanor.
2 Effective Date. This act shall take effect upon its passage.
25-1059
Revised 1/28/25
SB 213-FN- FISCAL NOTE
AS INTRODUCED
AN ACT relative to absentee voting.
FISCAL IMPACT:
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Estimated State Impact | ||||||
| FY 2025 | FY 2026 | FY 2027 | FY 2028 | ||
Revenue | $0 | $0 | $0 | $0 | ||
Revenue Fund | None | |||||
Expenditures* | Indeterminable | |||||
Funding Source | General Fund | |||||
Appropriations* | $0 | $0 | $0 | $0 | ||
Funding Source | None | |||||
*Expenditure = Cost of bill *Appropriation = Authorized funding to cover cost of bill | ||||||
| ||||||
Estimated Political Subdivision Impact | ||||||
| FY 2025 | FY 2026 | FY 2027 | FY 2028 | ||
County Revenue | $0 | $0 | $0 | $0 | ||
County Expenditures | Indeterminable | |||||
Local Revenue | $0 | $0 | $0 | $0 | ||
Local Expenditures | Indeterminable | |||||
METHODOLOGY:
This bill adds, deletes, or modifies a criminal penalty, or changes statute to which there is a penalty for violation. Therefore, this bill may have an impact on the judicial and correctional systems, which could affect prosecution, incarceration, probation, and parole costs, for the state, as well as county and local governments. A summary of such costs can be found at: https://gencourt.state.nh.us/lba/Budget/Fiscal_Notes/JudicialCorrectionalCosts.pdf
This could possibly result in an increase in civil cases in the Superior Court, however, there is no way to predict how many such actions would occur so any such increase is indeterminable. The Judicial Branch has provided average cost information for civil cases in the Superior Court:
NH Judicial Branch Average Civil Case Estimates
Judicial Branch Average Cost | FY 2025 | FY 2026 |
Superior Court Complex Civil Case | $1,430 | $1,473 |
Superior Court Routine Civil Case | $535 | $552 |
Common Civil Case Fees
Superior Court Fees | As of 2/12/2020 |
Original Entry Fee | $280 |
Third-Party Claim | $280 |
Motion to Reopen | $160 |
The Department of State indicates that this bill will require additional training however it will not have a fiscal impact on the Department.
AGENCIES CONTACTED:
Department of State, Judicial Branch, Judicial Council, Department of Justice, Department of Corrections, New Hampshire Association of Counties, and New Hampshire Municipal Association
| Date | Amendment |
|---|---|
| May 28, 2025 | 2025-2461h |
| June 4, 2025 | 2025-2688h |
| June 18, 2025 | 2025-2827CofC |
| Date | Body | Type |
|---|---|---|
| Feb. 4, 2025 | Senate | Hearing |
| Senate | Floor Vote | |
| March 13, 2025 | Senate | Floor Vote |
| April 22, 2025 | House | Hearing |
| April 29, 2025 | House | Exec Session |
| May 27, 2025 | House | Exec Session |
| May 27, 2025 | House | Floor Vote |
| June 18, 2025 | House | Floor Vote |
June 18, 2025: Conference Committee Report # 2025-2827c Filed 06/18/2025; House Amendment + New Amendment HJ 17
June 18, 2025: Conferee Change; Senator Rochefort Replaces Senator Perkins Kwoka; SJ 17
June 16, 2025: ==RECONVENE== Committee of Conference Meeting: 06/18/2025, 09:01 am, Room 103, SH
June 12, 2025: ==RECESSED== Committee of Conference Meeting: 06/16/2025, 09:11 am, Room 103, SH
June 11, 2025: Speaker Appoints: Reps. Berry, Qualey, Burnham, Toner 06/05/2025 HJ 16
June 11, 2025: House Accedes to Senate Request for CofC (Rep. Kofalt): MA VV 06/05/2025 HJ 16
June 11, 2025: President Appoints: Senators Gray, Lang, Perkins Kwoka; (In Recess 06/05/2025); SJ 16
June 11, 2025: Sen. Gray Moved Nonconcur with the House Amendment; Requests C of C, MA, VV; (In Recess 06/05/2025); SJ 16
June 5, 2025: Ought to Pass with Amendment 2025-2461h and 2025-2688h: MA DV 189-148 06/05/2025 HJ 16
June 5, 2025: FLAM # 2025-2688h (Rep. Berry): AA VV 06/05/2025 HJ 16
June 5, 2025: Amendment # 2025-2461h (NT): AA DV 181-141 06/05/2025 HJ 16
May 28, 2025: Minority Committee Report: Inexpedient to Legislate
May 28, 2025: Majority Committee Report: Ought to Pass with Amendment # 2025-2461h (NT) 05/27/2025 (Vote 10-7; RC) HC 27 P. 18
May 14, 2025: Executive Session: 05/27/2025 10:00 am LOB 306-308
April 8, 2025: ==CANCELLED== Executive Session: 04/29/2025 10:00 am LOB 306-308
April 8, 2025: Public Hearing: 04/22/2025 02:00 pm LOB 306-308
March 28, 2025: Introduced (in recess of) 03/27/2025 and referred to Election Law HJ 11 P. 113
March 13, 2025: Ought to Pass: MA, VV; OT3rdg; 03/13/2025; SJ 7
March 7, 2025: Committee Report: Ought to Pass, 03/13/2025, Vote 3-2; SC 12
March 5, 2025: Committee Report: Ought to Pass, Vote 3-2 SC 12
Jan. 30, 2025: Hearing: 02/04/2025, Room 103, LOB, 10:00 am; SC 8
Jan. 23, 2025: Introduced 01/09/2025 and Referred to Election Law and Municipal Affairs; SJ 3